Which statement is true about the treatment of gender classifications after Craig v. Boren?

Which statement is true about the treatment of gender classifications after Craig v. Boren?

• A. They require rational basis review
• B. They require intermediate scrutiny to be valid
• C. They are treated the same as age classifications
• D. They require strict scrutiny

Answer: (B)

After Craig v. Boren, gender classifications are evaluated under intermediate scrutiny: the law must serve an important government objective and be substantially related to achieving that objective. This is a middle ground between rational basis and strict scrutiny, acknowledging real differences between the sexes but not treating sex classifications as automatically valid or invalid. So gender-based laws aren’t automatically upheld under rational basis, nor do they require strict scrutiny, and they aren’t simply treated the same as age classifications.

After Craig v. Boren, gender classifications are evaluated under intermediate scrutiny: the law must serve an important government objective and be substantially related to achieving that objective. This is a middle ground between rational basis and strict scrutiny, acknowledging real differences between the sexes but not treating sex classifications as automatically valid or invalid. So gender-based laws aren’t automatically upheld under rational basis, nor do they require strict scrutiny, and they aren’t simply treated the same as age classifications.